Introduction:
Adoption is a big step and a very emotional decision. Adoption is the best option
for many parents who cannot have biological children of their own. Without a doubt,
the legal aspects of adoption are the most important thing to know before deciding
to adopt a child. The adoption process can be difficult and confusing, especially
when you don’t know much about it. In this post, we’ll walk through how to go about
getting ready for your adoption journey. We’ll also talk about what to expect
during the process, and how to prepare for your adoption.
What Is Adoption?
Adoption is the process by which an individual or couple who are not the biological
parents of a child legally adopt the child. Adoption may be arranged by the parents
or by a third party, such as a social services agency.
The most common types of adoption are:
Voluntary adoption: This is when a couple who are not the biological parents of a
child decide to adopt the child themselves.
Non-consensual adoption: This is when a couple asks another person to be their
child’s parent.
Consensual adoption: This is when a couple agrees to adopt the child and be their
child’s legal parents.
What is the adoption process in Pakistan?
There is no specific law regarding the adoption of a child in Pakistan, simply a
verbal consent or an adoptions deed is sufficient. However, to facilitate the
foreign nationals or who are residing outside of Pakistan, below practice is
prevailing in Pakistan.
1. Adopting a Baby
The form has to be completed by a professional doctor.
A report should be written by the adoptive parents with the following information:
• Name of child;
• Date of Birth of Child;
• Place of Birth; and
• Name and Address of Terminating Parent;
• Statement about the adoption of a child should include the date when
the baby was taken into care. When the baby is being adopted by foreigners living
in Pakistan, they must give proof of how long they have lived in the country, the
reason why they want to adopt a baby and whether or not they have any other
children.
2. Procedure
• Suits for termination of parental rights are filed to terminate
parental rights and responsibility for a child to the State.
• Notice
• get recorded consent of parents after submission of adoption deed
• A final argument & decree by the Court.
3. Filing for Guardianship (it is not necessary but favorable)
Adopting parents need to get legal custody of the child by applying for
guardianship of the child in a civil/ family court in Pakistan under the provisions
of the Guardians and Wards Act 1890. The procedure for such applications is laid
out in Section 10 of the GWA.
4. Applying for B (Bay) or CRC Form
After obtaining a guardianship order from the court, adopting parents must get a
Child Protection Certificate (CPC) from the office of the National Database and
Registration Authority (NADRA). They must then apply for a National Identity Card
(NIC) for the child.
It’s true that after a parent adopts a child, the child gets a birth certificate,
however, it is not the only document that needs to be applied for. To ensure that
the child is eligible to be considered for a national identity card, it is
important for parents to go through a few steps.
What is the ruling on attributing an adopted son?
People have two views on foster children and adoption:
The first thought is to train and take care of the children but not to change their
parents.
The second idea is that along with the training and care of the child, the child’s
relationship with the family who raised him should be changed, thus making him a
member of his family. Take it
This second concept was also valid in the beginning of Islam, there are no two
opinions in it. That is why Zaid ibn Haritha was attributed to the Prophet (peace
be upon him) and his name was attributed to Zaid ibn Muhammad and Salem to Abu
Hudhaifah. If it had been attributed to him, his name would have been “Salem bin
Abu Hudhaifah”. And if one does not know the father of the child, then he should be
called from a relation other than parenthood, for example: to say: “So-and-so who
is close to so-and-so” in obedience to him. According to the order, Zaid started
attributing it to his father Haritha and Salem is called Salem Mawla Abu Hudhaifa
ie the freed slave of Abu Hudhaifa.
Allah Almighty has instructed.
َّما َجَعَل ٱل َّل ُه ِل َر ُج ٍۢل ِّمن َقْلَبْيِن ِفى َجْوِفِه
َأ َأ ُأُأ َظْزَجُكُم ٱ َّل ٰٓـ ِٔـى ُت َأ
ِتُكْمۚ ۚ َوَما َجَعَل ْدِعَيآَءُكْم ْبَنآَء ُكْم َه
َّم َّمَهٰـ
ٰۚـ
ٰۚـ ٰـِهُروَن ِمْنُهَّنٰـ
َأ
َظٰـ
ُت ۚ َوَما َجَعَلَٰو
ْزَٰو
َأ
َٰوِهُكْمۖ ۖ َوٱلَّلُه َيُقوُل ٱ ْل َح َّق َوُهَو َيْهِدى ٱل َّس ِبي َل ْف ۖ
َأْف
ۖ
ِب
َٰوۚ َٰذِلُكْم َقْوُلُكمِبَٰو َأ
َٰوِليك َوَلْيَس َعَلْيُكْمُجَناٌۭح ٌۭح ِفيَمآ َم َو
َوَم َٰو ِن ِّدي ٱل ى َٰوُنُكْم ِفْخ ْخ
ِإآَءُهْم َٰوَفِإ
َف
ْأ ٱ ْد ُعو ُه ْم ِل َٔـا َب آ ِئ ِه ْم ُهَو ْقَسُط ِعنَد ٱل َّل ِه َفِإ ن َّل ْم َتْعَلُمٓو ۟ا۟ا َءاَب
ُل َل َط َأ
ۚ َوَكاَن ٱل َّل ُه َغ ُفو ًۭرا َّرِحيًما ۚ ٰـِكن َّما َتَعَّمَدْت ُق وُبُكْم َل َوْخ ُتم ِبِه ٰـَو
Translation of the Ayah in Urdu:
تمھاری مائیں بنایا ہے،اللہ نے کسی آدمی کے لیے اس کے سینے میں دو دل نہیں بنائے اور نہ اس نے تمھاری ان بیویوں کو جن سے تم ظہار کرتے ہو
یہ تمھارا اپنے مونہوں سے کہنا ہے اور اللہ سچ کہتا ہے اور وہی (سیدھا) راستہ دکھاتا ہے۔،اور نہ تمھارے منہ بولے بیٹوں کو تمھارے بیٹے بنایا ہے
پھر اگر تم ان کے باپ ن، یہ اللہ کے ہاں زیادہ انصاف کی بات ہے،انھیں ان کے باپوں کی نسبت سے پکارو
تمھارے دوست ہیں اور تم پر اس میں کوئی گناہ نہیں جس میں تم نے خطا کی اور لیکن جو تمھارے دلوں نے ا
نہایت رحم والا ہے۔،بخشنے والا
Translation of the Ayah in English:
“Allah has not made for a man two hearts in his interior. And He has not made your
wives whom you declare unlawful your mothers. And he has not made your adopted sons
your [true] sons. That is [merely] your saying by your mouths, but Allah says the
truth, and He guides to the [right] way.”
“Call them by [the names of] their fathers; it is more just in the sight of Allah.
But if you do not know their fathers – then they are [still] your brothers in
religion and those entrusted to you. And there is no blame upon you for that in
which you have erred but [only for] what your hearts intended. And ever is Allah
Forgiving and Merciful.”
